Willis Kelly v. Long Island Lighting Co., Respondent Herrick Manor, Inc.

Summary

The Court of Appeals held that, under the rule announced in Dole v. Dow Chem. Co., joint tortfeasors may apportion liability regardless of whether their negligence is characterized as “active” or “passive,” and therefore the trial court’s dismissal of the cross‑claims was improper. The Court modified the order and remanded for the trial court to allocate fault between LILCO and Herrick Manor, finding both parties negligent.